Promina Design & Construction Pty Ltd v The Owners - Strata Plan No 97449 (No 4) [2023] NSWCATAP 338

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Promina Design & Construction Pty Ltd v The Owners - Strata Plan No 97449 (No 4) [2023] NSWCATAP 338 Hearing dates: On the papers Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member E Bishop SC, Senior Member Decision: 1. A hearing with respect to the question of costs is dispensed with pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The respondent's application for the costs of the appeal is dismissed. Catchwords: COSTS – Civil and Administrative Tribunal Rules rr 38 and 38A – Amount claimed or in dispute – Civil and Administrative Tribunal Act s 60 – Special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s60 Civil and Administrative Tribunal Rules 2014 (NSW) rr 38, 38A Home Building Act 1989 (NSW) Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 James v Department of Justice (Corrective Services NSW) (No 2) [2022] NSWCATAP 216 McIntosh v National Australia Bank (1988) 17 FCR 482 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Promina Design & Construction Pty Ltd v The Owners – Strata Plan No. 97449 (No 2) [2023] NSWCATAP 164 Promina Design & Construction Pty Ltd v The Owners—Strata Plan No 97449 [2023] NSWCATAP 252 Singh v Khan [2019] NSWCATAP 45 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: Nil Category: Costs Parties: Promina Design & Construction Pty Ltd (Appellant) The Owners – Strata Plan No 97449 (Respondent) Representation: Counsel: T Smartt (Appellant)